PASO 2: Procesos Pre-embarque

Any reference in this Master Definitions and Construction Agreement, or in any Transaction Document or any document to which this Master Definitions and Construction Agreement is expressed to be incorporated or as to which this Master Definitions and Construction Agreement is expressed to apply (unless expressly stated otherwise in such Transaction Document or other document), to:

the “assets” of any Person will be construed as a reference to the whole or any part of its business, undertakings, property, intellectual property, shares, securities, debts, accounts, revenues (including any right to receive revenues), goodwill, shareholdings and uncalled capital including premium whether now or hereafter acquired and any other assets whatsoever;

an “authorisation” includes an authorisation, consent, approval, resolution, licence, exemption, filing or registration;

“disposal” will be construed as any sale, lease, transfer, conveyance, assignment, assignation, licence, sub licence or other disposal and “dispose” will be construed accordingly;

a “guarantee” means any guarantee, bond, indemnity, letter of credit, third party security or other legally binding assurance against financial loss granted by one Person in respect of any indebtedness of another Person, or any agreement to assume any indebtedness of any other Person or to supply funds or to invest in any manner whatsoever in such other Person by reason of, or otherwise in relation to, indebtedness of such other Person;

“indebtedness” will be construed so as to include any obligation (whether incurred as principal or as surety or guarantor) for the payment or repayment of money, whether present or future, actual or contingent;

a “month” is a reference to a period starting on one day in a calendar month and ending on the numerically corresponding day in the next calendar month save that, where any such period would otherwise end on a day which is not a Business Day, it will end on the next Business Day, unless that day falls in the calendar month succeeding that in which it would otherwise have ended, in which case it will end on the preceding business day provided that, if a period starts on the last business day in a calendar month or if there is no numerically

corresponding day in the month in which that period ends, that period will end on the last business day in that later month (and references to “months” will be construed accordingly); a “regulation” includes any regulation, rule, official directive, request or guideline (whether or not having the force of law) of any governmental, inter governmental or supranational body, agency, department or regulatory, self regulatory or other authority or organisation; a “wholly owned subsidiary” of a company or corporation will be construed as a reference to any company or corporation which has no other members except that other company or corporation and that other company’s or corporation’s wholly owned subsidiaries or Persons acting on behalf of that other company or corporation or its wholly owned subsidiaries; and the “winding up”, “dissolution” or “administration” of a company or corporation will be construed so as to include any equivalent or analogous proceedings under the law of the jurisdiction in which such company or corporation is incorporated or any jurisdiction in which such company or corporation carries on business including the seeking of liquidation, winding up, bankruptcy, reorganisation, dissolution, administration, arrangement, adjustment, protection or relief of debtors.

In this Master Definitions and Construction Agreement and in any of the Transaction Documents in which this Master Definitions and Construction Agreement is expressed to be incorporated or to which this Master Definitions and Construction Agreement is expressed to apply:

(a) words denoting the singular number only will include the plural number also and vice versa;

(b) words denoting one gender only will include the other gender;

(c) references to any statutory provision will be deemed also to refer to any statutory modification or re enactment thereof or any statutory instrument, order or regulation made thereunder or under any such re enactment;

(d) references to any agreement or other document (including any of the Transaction Documents) will be deemed also to refer to such agreement or document as amended, varied, supplemented or novated from time to time;

(e) references to the Security Agreement will include all documents entered into pursuant thereto;

(f) article, section, paragraph and schedule headings are for ease of reference only; (g) reference to a statute will be construed as a reference to such statute as the same may

have been, or may from time to time be, amended or re enacted to the extent such amendment or re enactment is substantially to the same effect as such statute on the date hereof;

(h) reference to a time of day will be construed as a reference to Toronto time, unless expressly specified otherwise;

(i) references to any Person will include references to his successors, transferees and assigns and any Person deriving title under or through him;

(j) the words “including” and “includes” mean “including (or includes) without limitation”;

(k) the phrase “the aggregate of”, “the total of”, “the sum of”, or a phrase of similar meaning means “the aggregate (or total or sum), without duplication, of”;

(l) the withdrawal of a rating by a Rating Agency of the ratings of any Person shall constitute a “downgrade” of the ratings of such Person for purposes of determining whether the ratings of such Person have been downgraded below a specified level; and

(m) in the computation of periods of time from a specified date to a later specified date, unless otherwise expressly stated, the word “from” means “from and including” and the words “to” and “until” each mean “to but excluding”.